TERMS OF SERVICE
Thank you for using MedRev. By using MedRev, you agree to our Terms of Service, which is a legal agreement. If you are using MedRev for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites and Services.
When we say, “we,” “our,” or “us,” we’re referring to MedRev, an Atlanta based company, our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the MedRev Services.
When we say “Websites,” we mean our websites located at www.medrevup.com, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.
When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up MedRev.
When we say “MedRev,” we mean our Websites and Services collectively.
When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.
2. LICENSE GRANTED BY MEDREV
As long as you comply with the Terms of Service, MedRev grants you a non-exclusive, non-transferable, royalty-free license to use the software provided by MedRev. This software is available for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, or assign the services to anyone without the express approval by MedRev.
3. GENERAL RULES
Your use of MedRev is at your own risk.
You may only use MedRev for internal business purposes, and only as permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of MedRev in any way, except as permitted by the Terms.
You may only use MedRev to send text messages to individuals who have provided their consent and opted-in to receiving text messages from you for the purposes of gathering their feedback on your services.
4. USE RESTRICTIONS
To use MedRev, you must (a) be at least eighteen (18) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms. In addition to these requirements you also agree to the following rule of use:
(a) You are responsible for all content you provide and your activities on MedRev;
(b) You will use MedRev in compliance with all applicable laws, rules, and regulations;
(c) You may not use MedRev if you are barred by law in the United States, the country of your residency, or any country in which you use, or intend to use MedRev.
You understand and agree that you will not use MedRev to solicit or perform of any activity which infringes on our rights, your rights, or the rights of others. This includes but is not limited to sending, receiving, accessing, requesting, encouraging or posting any images, graphics, text, or any other media or materials that:
- Violates the right of or misrepresents any trademark, trade secret, copyright, or intellectual property.
- Violates, or encourages of violation of any regulations or laws.
- Is falsified, fraudulent, misleading, or deceptive.
- Is obscene, vulgar, defamatory, or otherwise offensive.
- Are sexual in nature, including, but not limited it, pornography, child erotica, sexual depictions or sexually suggestive materials.
- Is discriminatory, or promotes racism, harassment, hatred, bigotry, sexism, classism, or any kind of discrimination against a group or individual.
- Is threatening or violent in nature, or promotes violence, aggressive, or threatening behavior.
- Provides access to or promotes harmful or illegal activities or substances.
You agree that you will use MedRev only in the manner in which it is intended.
You understand and agree that you will not:
- Use, hack, tamper with, access, or attempt to access any non-public areas, materials, software, or systems of MedRev.
- Use mirror, display, frame, or use any framing techniques to enclose MedRev or any of it’s materials or elements including, but not limited to, logos, trademarks, proprietary information, trade secrets, text, images, graphics, layouts, designs, meta tags, metadata, hidden text, or forms without expressed written permission from MedRev.
- Scan, test, or attempt to probe MedRev for any vulnerabilities of any network, security, delivery system, authentication or any other area of MedRev.
- Tamper with, bypass, deactivate, decrypt, circumvent, damage, or reveal any technology used by MedRev, a MedRev user, or a Third Party to protect MedRev, it’s users, and Third Parties.
- Attempt to access or search the Site, Services or MedRev Content or download MedRev Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MedRev or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Use MedRev to send unauthorized or unsolicited spam, advertising, emails, text messages, junk mail, promotional materials, or any other form of solicitation.
- Use MedRev to request social reviews in a manner that violates the Terms of Service of the social review platform(s) involved. For example, you agree not to use MedRev to send Google review requests to patients in bulk. Rather, you may use MedRev to request Google reviews from patients after individual patient encounters. You also cannot use MedRev to selectively request positive Google reviews, or to discourage negative reviews. You may only use MedRev to request Google reviews from all patients after their encounters, without regard to any knowledge you may have or infer regarding their satisfaction or dissatisfaction with your services. If you choose to customize your social review request messaging in the MedRev application, such messaging cannot be used to attempt to influence the positivity of patients’ reviews. You also agree not to provide incentives to patients for reviewing your business on any social platform. It is your responsibility to familiarize yourself with the Terms of Service of any social platforms on which you use MedRev to request reviews. MedRev assumes no responsibility for any negative consequences (including, but not limited to, lowered search rankings or removed reviews) resulting from your use of MedRev to perform actions that violate a social platform’s Terms of Service.
- Use MedRev to create a product or service that competes with MedRev or to create an intellectual property infringement claim against MedRev.
- Steal or forge any of our, or any user’s or third party’s email header or portion of header information or pose as another individual or organization in your messaging.
- Attempt to decompile, decipher, disassemble, or reverse engineer MedRev or any of its systems.
- Attempt to inhibit or interfere with any host, network, or user’s access to MedRev. This includes, but is not limited to, spamming, flooding, overloading, disconnecting, altering information, or sending viruses.
- Record, store, or collect personally identifiable information from MedRev, its users, or Third Parties, without their expressed consent.
- Falsify your affiliation with any person or entity or allow any other individual or entity to do the same.
- Use MedRev to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
MedRev will have the right to terminate your account as well as investigate and prosecute you or your company if any of the stipulations in these terms and conditions are broken.
MedRev has the right to remove or disable access to MedRev at any time at its sole discretion if it feels that any of these Terms have been violated.
You agree that MedRev has no obligation to review or edit any user access or content but has the right to do so.
5. INTELLECTUAL PROPERTY
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We own MedRev and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of MedRev, our Services, or our content on MedRev without our written permission.
You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into MedRev or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
6. PASSWORDS AND ACCOUNTS
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.
Through using MedRev you may be required to provide MedRev employees with your username, password, contact information or other personally identifiable information, which will, for the purposes of these Terms, be known as Confidential Information. MedRev will only ask for Confidential Information when it is required and will treat this information with the utmost security and care. It is your responsibility to notify MedRev immediately if your confidential information is changed, hacked, stolen, used without your permission, or otherwise compromised. You are responsible for all activity on your account, even if you have not authorized it. You are also responsible for the security of your Confidential Information.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
7. PAYMENT TERMS
Pricing for MedRev is available on the site. Pricing may change as determined by MedRev. You agree that you will abide by all pricing terms as affiliated with your account. If you have any questions about MedRev’s billing or policies, please contact MedRev at email@example.com.
All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.
8. AMENDMENTS AND CHANGES TO TERMS
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance MedRev shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of MedRev following the posting of changes will mean that you accept and agree to the changes.
9. AMENDMENTS AND CHANGES TO SOFTWARE
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to MedRev, or any portion of MedRev for any reason; (2) to modify or change MedRev, or any portion of MedRev, and any applicable policies or terms; and (3) to interrupt the operation of MedRev, or any portion of MedRev, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
10. CANCELLATION AND TERMINATION
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to the Account Settings and closing your account. An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee. We do not issue refunds.
In the event of cancellation or termination, your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.
We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
11. API TERMS
You may access your MedRev account data using the MedRev API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses MedRev, is bound by these Terms.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API.
Abuse or excessively frequent requests to MedRev via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
You agree to indemnify and hold MedRev harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against our officers, directors, employees or agents by any third party due to or arising out of or in connection with your use of or access to MedRev.
13. REPRESENTATIONS AND WARRANTIES
To the maximum extent permitted by law, we provide MedRev on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) MedRev will meet your specific requirements, (ii) MedRev will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of MedRev will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through MedRev will meet your expectations, and (v) any errors in MedRev will be corrected.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of MedRev and any linked sites and services. Your sole remedy against us for dissatisfaction with MedRev is to stop using MedRev. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
15. GOVERNING LAW; DISPUTE RESOLUTION
No recovery may be sought or received for damages other than out-of-pocket expenses. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
16. FORCE MAJEURE
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
19. NO WAIVER
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
20. THIRD PARTY SERVICES/MATERIALS
Through MedRev you may be able to access or use third party services, resources, content or information, hereby known as “Third Party Materials”. By using MedRev to view material on the Internet, you may instruct MedRev to present portions of the data sources which are selected by you. You assume all risk arising from, and acknowledge sole responsibility for your access to or use of any such Third Party Materials. MedRev disclaims any liability arising from your use of or access to such Third Party Materials via MedRev.
Third Party Materials are not owned, operated, or endorsed by MedRev. By using MedRev, you acknowledge and agree that MedRev: (a) is not obligated to remove Third Party Materials from being accessible through MedRev; (b) is not responsible for the accuracy or availability of information or services provided by Third Party Materials; (c) is not liable to you, or any third party for harm, injuries or losses, monetary or otherwise which are suffered as a result of your access to, loss of access to, or use of such Third Party Materials; (d) may delete, remove, or revoke access to any Third Party Materials available through MedRev. You are solely responsible for maintaining a record, independent of MedRev of any Third Party Material that you wish to preserve.
If you have any questions or concerns about the Terms, please email us at firstname.lastname@example.org.
22. USER-GENERATED CONTENT
By making available any user-generated content (“User Content”) on the site or generated by use of the site, including all services available through the site, you grant MedRev a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, to use the User content as they shall determine.
MedRev does not have any ownership rights to such User Content and nothing is these Terms that will restrict your rights to such User Content.
You acknowledge that you are solely responsible for all user content added to the site. You acknowledge that you either are the owner of such content or that you have the express right to the User Content.
You acknowledge that the User Content you are accessing or posting the the MedRev site or MedRev’s use of such User Content will not infringe or violate a third Party’s right to such content nor will it result in the violation of any applicable law or regulation.
MedRev reserves the right (but shall have no obligation) to remove any or all User Content from the Site in its sole discretion. You agree to immediately remove any User Content that violates the Terms, including removing any content as requested by MedRev. MedRev reserves the right to directly take down any User Content at any time.
23. ENTIRE AGREEMENT
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of MedRev, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).